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Home My Public Portal AboutOrd. 05-51 No. 05-51 <IDrûhmttt£ of tq£ l@orougq of QIart£r£t, ~. JJ. Councilman Presents the fo!lowing Ordinance Seconded by Councilman __.._._ AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET-WILDLIFE FEEDING ORDINANCE SECTION I. Purpose: An ordinance to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by The Borough of Carteret, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. SECTION II. Definitions: For the purpose of this ordinance, the following tenns, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. a. Feed - to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game. b. Person - any individual, corporation, company, partnership, finn, association, or political subdivision of this State subject to municipal jurisdiction. c. Wildlife - all animals that are neither human nor domesticated. SECTION III. Prohibited Conduct: a. No person shall feed, in any public park or on any other property owned or operated by The Borough of Carteret, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers). SECTION IV. Enforcement: a. This ordinance shall be enforced by the Carteret Police Department and/or The Board of Health of The Borough ofCarteret. b. Any person found to be in violation of this ordinance shall be ordered to cease the feeding immediately. I , II I NO. 05-51 PAGE 2 of 2 SECTION V. Violations and Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine not to exceed $1,250.00 and/or 60 days in jail for each offense. SECTION VI. Severability: Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. SECTION VII. Effective date: This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV A.B. BELLINO X NAPT Fe:; X - nTAZ X R105 X {lIIIM X 5ITARZ X x . Indicate Vote AB . Absent NV . Not Voting XOR - Indicates Vote to Overrule Veto CP Adopted on first reading of the Council of the Borough orCar!ere!. N.J.. on September 22, 2005 Adopted on second reading after hearing on n,...t-nhpr 77, 700'; ^"RO~E0i!i!i/~ :t ~ ON.ß .. - -_ -"^' /. ÆéÆ.",Þ:fl¡'~Nd'~ MUNIC¡P LERK !J Affidavit of Publication Publisher's Fee $73.92 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared ANNETTE MADAM A Affidavit Charge $25.00 of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 9/27 /Ø5. JO. 'u n If"1' '\\i"':"\~J ;..:"\1\ ," ')\,¡\ .,V'., " Er ':~' '," ,"'..... .,,'-"1 \,:,(,::-\1 ,p ¡ ¡ , ,,' ¡,,' 'j \~' ~V...'¡"'. ,v~< I ~ ., ""_ .. . v 11\1 (".-\\.~r.r:C'^\¡\i,: EX;J;:lEc rr-t·t'" 0¿'\ Su,...'t) i,~" \..;\.;\'~I\-':il\..:;,) vl~ 1 11 \ Û r ), "" ,'- . h: BOROUGH OF CARTERET ORDINANCE #OS-51 AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET - WILDLIFE FEEDING ORDINANCE SECTION I. Purpose: An ordinance to grohibit the feeding of unconfined ~~~~~ ~~ ~~~r~¥e~Cb~af~eo8grno~~~ ~:h¿~rf;~e't~r¿~ as to protect public health, safety and welfare, and ~OEß~ON¡~f. ß~~i~~i~n~r failure to comply. f~:m;~e ph~;~;:'s~e w~frdt~i~m~r~~;¡~C~~r~aeti~~~o:~~fi have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future. words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely direc- tory. a. feed - to give, place, expose, deposit, distrib- ute or SCðtter any edible material with the intention of feeding, attracting or enticinf:: wild- life. feeding does not include baiting In the legal taking of fish and/or game. b. ~:~f~~r~hi~~ f\~~~i~~:~~fa~rg~,r~~o;OI~ic~r:~~: division of this State subject to municipal Juris- diction. c. Wildlife all animals that are neither human nor domesticated. SECTION III. Prohibited Conduct: a. No person shall feed. in any public park or on ~~~O~~hr t{og:;tt:r~tn:~y o~TIdITf:,te~x~ruJ¡~e confined wildlife (for example. wildlife confine~ in zoos, parks or rehabIlitation centers. or unconfined wildlife at environmental education centers). SECTION IV. Enforcement: a. This ordinance shall be enforced by the Carter- et Police Department and/or The Board of Health of The Borough of Carteret. b. ~~J¡n~~~~o~h~lub~ ot;de~:di70 v~~~;~o~h~ffe~~: sEc+ïð~m..rediatelY. Violations and Penalties: Any p~rson(s) w~o is f.ound to be in violation of the provIsIOns of this ordinance shall be subject to a fine not to exceed $1,250.00 and/or 60 days In jail for each offense. SECTION VI. Severability: Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an Independent section, subsectIOn, sentence, clause and 'phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, vOid, or ineffective for any cause. or reason, shall not affect any other portion of this Ordinance. SECTION VII. Effective date: This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law A.D., 2005 Sworn and subscribed before me this 27th day of September, A.D., 2005 The foregoing ordinance was introduced at a meeting of the Council of the Borough of Cateret held Séptembet" 22, 2005 when it was adopted on First Reading. The said ordinance will be further considered on Second Reading for final adoption at a meeting of said Council of the Borough of Carter- et on October 27, 2005 at approximately 7:00 P.M., Municipal Court/Police facility, 230 Roosevelt Ave- ~~epe~=~~e;~~'t~:~t;dr~~K ~~ ~~~~ ~;;n~;~~r~~~~ to be heard. KATHLEEN M. BARNEY Certified Municipal Clerk ($73.92) 49746 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. ONE (1) times, once in each issue as follows: Friday, November 4, 2005 ~___ O. ~ Notary Public of New Jersey ~!¿ Kathleen Barney, RM Municipal Clerk Sworn and subscribed before me thislf---tl, day of Nc~ ..1- ooS / 'I,. ,'~ (., t-". : :':~Li~' ; :,,- . " .~'j, t IIOIIOUfIt Of CMIBIET I' 'ORDINANCE ...., AMENDING AND IUPPLIII8f11NQ /: THE CODE OF THI! aoROUGH OF .".,.,.,.,. . WlLDLII'I! I'EmING I~· , ADOPTED: 1iWÃ~:2005 SEPTEMBER 22, 2005 ....-... - ~ ::.::: of.......... ._-, SEPTEMBER Ti. 2005 -........, OCTOBER 27, 2005 ~8R~A~L J. REIMAN AchI.1IMcI .. ffNInJ' I ~'1,?Xio1!w;. 200. =NfCIPAL c'~:r-Y' (t:1"'~) 411CM